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28 March 2014
Issue: 7600 / Categories: Case law , Law digest , In Court
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European law

Z v A government department and another C-363/12, [2014] All ER (D) 175 (Mar)

Under Council Directive (EC) 2006/54 (on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation), in particular Arts 4 and 14 thereof, a refusal to provide paid leave equivalent to maternity leave to a female worker who as a commissioning mother had had a baby through a surrogacy arrangement did not constitute discrimination on grounds of sex. Further, the situation of such a commissioning mother as regards the grant of adoptive leave was not within the scope of that directive. 

Council Directive (EC) 2000/78 (establishing a general framework for equal treatment in employment and occupation), meant that a refusal to provide paid leave equivalent to maternity leave or adoptive leave to a female worker who was unable to bear a child and who had availed of a surrogacy arrangement did not constitute discrimination on the ground of disability. 

 

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Hogan Lovells—Lisa Quelch

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